Chapa v. State

OPINION

ASHWORTH, Justice.

A jury found appellant guilty of murder. See TEX.PENAL CODE ANN. sec. 19.02 (Vernon 1974). Punishment was assessed by the jury at ninety years confinement.

We reverse and remand.

The evidence is uncontradicted that appellant shot the deceased, Albert Padilla, five times on January 23, 1983. The accounts given by witnesses to the shooting, however, vary a great deal.

According to the State’s witnesses, Albert and his family were seated in a booth at the Rainbow Lounge, where they were drinking and dancing, from about 6:30 p.m. until 11:30 p.m., the time of the shooting.…